Senate Bill sb0820

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    Florida Senate - 2001                                   SB 820

    By Senator Klein





    28-98A-01

  1                      A bill to be entitled

  2         An act relating to in-school suspension;

  3         amending s. 228.041, F.S.; revising the

  4         definition of the term "in-school suspension"

  5         to include an additional alternative program;

  6         creating s. 230.23155, F.S.; providing funding

  7         for the establishment of School-based

  8         Alternative to Suspension Programs (SASPs);

  9         providing a process for applying to the

10         Commissioner of Education for funds to

11         establish and conduct a SASP; providing program

12         requirements; requiring an annual report;

13         providing for future repeal;  providing an

14         effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Paragraph (b) of subsection (25) of section

19  228.041, Florida Statutes, is amended to read:

20         228.041  Definitions.--Specific definitions shall be as

21  follows, and wherever such defined words or terms are used in

22  the Florida School Code, they shall be used as follows:

23         (25)  SUSPENSION.--

24         (b)  In-school suspension is the temporary removal of a

25  student from the student's regular school program and

26  placement in an alternative program, such as that provided in

27  ss. s. 230.2316 and 230.23155, under the supervision of school

28  district personnel, for a period not to exceed 10 school days.

29         Section 2.  Section 230.23155, Florida Statutes, is

30  created to read:

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    Florida Senate - 2001                                   SB 820
    28-98A-01




  1         230.23155  School-based Alternative to Suspension

  2  Programs.--To provide an alternative to out-of-school

  3  suspension, the Legislature hereby appropriates the sum of

  4  $1,875,000 from the General Revenue Fund for each of fiscal

  5  years 2001-2002, 2002-2003, 2003-2004, and 2004-2005 to the

  6  Department of Education for the establishment of School-based

  7  Alternative to Suspension Programs (SASPs), according to the

  8  provisions of this act.

  9         (1)  A public school district or a consortium of

10  districts, in partnership with a local mental-healthcare

11  agency that has expertise in youth and family counseling, may

12  apply to the Commissioner of Education for up to $75,000 per

13  SASP to establish the counseling component and conduct up to

14  five SASPs in their respective districts, in accordance with

15  this act. Such an application must include:

16         (a)  A letter of support from each district's school

17  board.

18         (b)  A letter from each school's principal and school

19  advisory council committing adequate space to house the SASP

20  and pledging the school's compliance with proper program

21  implementation and utilization.

22         (c)  Letters of commitment from the school district,

23  local municipalities, local government agencies, or

24  community-based organizations, or a combination thereof, for

25  funds equaling at least one-third of the amount of the grant

26  request.

27         (d)  Letters of support from local colleges and

28  universities promising to place counseling interns in the

29  SASP.

30         (e)  Projected student outcomes.

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    Florida Senate - 2001                                   SB 820
    28-98A-01




  1         (f)  A proposal for fulfilling the program requirements

  2  of subsection (2).

  3         (2)  A school principal, in partnership with a local

  4  mental-healthcare agency, may establish a SASP. A SASP must

  5  include the following components:

  6         (a)  Students participating in the SASP must be

  7  provided with academic tutoring, intake assessment,

  8  counseling, instruction in life skills, aftercare sessions,

  9  and, as indicated, referrals to appropriate community-based

10  agencies that offer services on a sliding scale for continued

11  individual counseling, family counseling, or both.

12         (b)  The school day for the SASP must be at least the

13  length of the school day as defined by s. 228.041(13), and a

14  student who is participating in a SASP must attend for the

15  full day each day he or she is assigned to the SASP.

16         (c)  A school that has more than 2,000 students must

17  request two SASPs.

18         (d)  Space within the fixed school building must be

19  dedicated solely to the SASP. Such space must include

20  classroom space that has a phone or other means of direct

21  communication with the school administration and separate

22  office space for individual and group counseling. Minimum

23  requirements are approximately 1100 square feet.

24         (e)  The SASP staff must include, but need not be

25  limited to, a certified teacher, a counselor who has expertise

26  in youth and family counseling and who possesses a masters

27  degree, a counseling intern, and a part-time clerical

28  assistant or volunteer help.

29         (f)  SASP staff shall conduct inservice training for

30  school faculty on effective classroom management and

31  alternative, positive disciplinary techniques.

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    Florida Senate - 2001                                   SB 820
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  1         (3)  With the parent's permission, a student may be

  2  assigned by the principal or the principal's designee to a

  3  SASP for a 5-day period, in lieu of an out-of-school

  4  suspension. At the discretion of the counseling staff, a

  5  student may be released after 3 days or, if the counseling

  6  staff considers it necessary, may be retained in the program

  7  for an additional 5-day period. A student may participate in a

  8  SASP a maximum of three times per school year.

  9         (4)  Annually, by October 1, the counseling agency for

10  each SASP that receives funds under this section must submit

11  to the Commissioner of Education a report that includes, but

12  is not limited to:

13         (a)  Program expenditures.

14         (b)  Number of program referrals by grade, sex, and

15  race.

16         (c)  Number of students referred to the program one,

17  two, and three times.

18         (d)  Number of SASP students subsequently suspended out

19  of school.

20         (e)  Duplicated and unduplicated suspensions for the

21  school.

22         (f)  The dropout rate, which must be included by

23  participating high schools.

24         (g)  Principal, faculty, student, and SASP staff

25  comments regarding the effectiveness of the program.

26         (5)  By January 1, 2005, the Commissioner of Education

27  must submit to the Governor, the President of the Senate, the

28  Speaker of the House of Representatives, and the majority and

29  minority leaders of the Senate and the House of

30  Representatives an evaluation of the effectiveness of the

31  School-based Alternative to Suspension Programs.

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    Florida Senate - 2001                                   SB 820
    28-98A-01




  1         (6)  This section is repealed effective July 1, 2005.

  2         Section 3.  This act shall take effect July 1, 2001.

  3

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  5                          SENATE SUMMARY

  6    Revises the definition of the term "in-school suspension"
      to include an additional alternative. Provides funding
  7    for the establishment of School-based Alternative to
      Suspension Programs (SASPs) as an alternative to
  8    out-of-school suspension. Provides procedures for
      applying to the Commissioner of Education for funds to
  9    establish and conduct a SASP. Provides program
      requirements. Requires an annual report. Provides for
10    future repeal.

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